Aura Funerals Terms & Conditions

1 WHO WE ARE

1.1 We are Aura Life Ltd an online cremation and celebration of life ceremony and event service provider. We provide a range of professional funeral services and related memorial goods. We are registered in England and Wales under company number 122878045 and our registered office is at Studio One, Bunkers Hill Farm, Godalming, Surrey GU7 1UP. Our registered VAT number is GB 340274233.

1.1.a These terms are in relation to Aura’s at-need funeral services.

1.1.b These terms and conditions do not apply to our prepaid funeral plan products which are available separately.

1.2 You can contact us by telephoning our customer service team on 0800 808 5723 or by writing to us at hello@aura.life or the postal address above. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. When we use the words “writing” or “written” in these Terms, this includes emails. Please read these Terms carefully before you place your order with us. These Terms tell you who we are, how we will provide goods and/or services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us to discuss.

2 OUR CONTRACT WITH YOU

2.1 In order to facilitate necessary, immediate and sensitive tasks such as the removal of the deceased from a place of death, we will accept verbal instructions to carry out activities, at which point a contract will come into existence between you and us. We will where possible detail in writing all aspects of any order and further detail any subsequent changes to your order. You accept that we may incur costs in providing services to you before the contract commences and you further agree that if you subsequently decide not to proceed we may charge you our reasonable costs for those services. Our acceptance of your order will take place when we tell you that we are able to provide you with our goods or services.

2.2 For all services and goods we provide to you, such as removal of the person who has died, our acceptance of your order will take place when we write to you to accept it or confirm this over the phone with you ( all of Aura’s calls are recorded for training and monitoring purposes), at which point a contract will come into existence between you and us.

2.2a Once the contract between us has come into existence, apart from our logistical partners who help us facilitate the collection of the deceased, the cremation and also creation and delivery of the ceremony (if a ceremony is required), we will not share details of the services we are providing with any other person (regardless of their relationship with the deceased) unless we receive your specific consent in writing.

2.3 If we are unable to accept part or all of your order, we will inform you of this in writing and will not charge you for the goods or services. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the goods or services, or because we are unable to meet a deadline you have specified.

2.4 We reserve the right at our sole discretion to change certain aspect of the services we provide or to refuse to take or carry out instructions from you or change certain aspects of the services we provide when necessary to ensure we are not in contravention of any law or regulations or our health and safety policies and procedures, including in relation to any COVID-19 restrictions or other governmentally enforced restrictions.

3 FUNERAL SERVICES PROVIDER

3.1 Aura partners with Distinct Cremations Limited to deliver your funeral, with their extensive network of crematoriums and infrastructure across the UK.

4 OUR GOODS AND SERVICES

4.1 We will provide the goods and/or services to you set out in your order.

4.2 The goods we provide to you will:

4.2.1 correspond to the description and any specification you agree with us (subject to clause 12 below); and 4.2.2 be of satisfactory quality and fit for any purpose which we inform you of or that you make known to us.

4.3 We will deliver the services to you with reasonable care and skill.

5 YOUR RIGHT TO MAKE CHANGES

5.1 If you wish to make a change to the goods or services you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the goods and/or services, the timing of supply or anything else which would be necessary as a result of your requested change of instruction and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 9.2).

6 OUR RIGHTS TO MAKE CHANGES

6.1 We may make minor changes to the goods or services to reflect changes in relevant laws and regulatory requirements.

6.2 If we have to make any other changes to these Terms or the goods or services, we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any goods or services paid for but not received.

7 PROVIDING THE GOODS AND SERVICES

7.1 If there is any cost of delivery of any goods we will inform you of the cost over the telephone or in writing.

7.2 During the order process we will agree with you the estimated delivery date for the delivery of any goods and the provision of any services.

7.3 You will own the goods, and the goods will be your responsibility, from the time we deliver the goods to the location specified for delivery.

7.4 We may need certain information from you so that we can supply the goods and/or services to you, for example, your address and access to the property to allow for collection of the deceased, and the address you would like your loved one’s ashes returned to after the cremation has taken place. You warrant that any information provided to us is accurate and correct to the best of your knowledge.

7.5 If you do not give us any information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information (as noted in 7.4) we may make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the goods or services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it or where information provided is inaccurate or incorrect.

7.6 You agree to cooperate with us in all matters relating to our provision of goods and/or services to you.

8 PRICE AND PAYMENT

8.1 The price of the goods or services (which includes VAT where applicable) will be the price as told to you at the time you place an order with us. We use our best efforts to ensure that the price of the goods or services advised to you are correct. However please see clause 8.4 for what happens if we discover an error in the price of the goods or services you order.

8.2 All Cremation services offered by Aura Life must be paid upon receipt of our invoice which will be emailed to you on the day your order is placed. If you place the order during our normal business hours, the invoice will be emailed on the next working day. Where payment is not paid when due, we reserve the right, at our sole discretion, to postpone the cremation service or the continuation of any memorial/celebration of life ceremony work until the invoice is paid in full.

8.3 You agree that you are responsible for paying us the full price of the goods or services when such payment falls due, before, and irrespective of the receipt of any sums due from any third party, including but not limited to any government contribution.

8.4 It is always possible that, despite our best efforts, some of the goods or services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price of the goods and/or services at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price of the goods and/or services at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.

8.5 If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You must pay us interest together with any overdue amount.

8.6 If you think an invoice is wrong please contact us within 7 days to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

8.7 We may also charge you for any reasonable costs and expenses incurred by us as a result of your failure to pay amounts as they fall due.

9 YOUR RIGHT TO CANCEL

9.1 For most goods or services bought over the telephone, by exchange of emails or via the Internet, you have a legal right to change your mind within the relevant cancellation period and receive a refund as follows:

9.1.1 Cancelling an order for memorial goods. For goods you have bought from us you have the right to change your mind and cancel within 14 days after the day you (or someone you nominate) receives the goods. You do not have the right to cancel if you change your mind in respect of goods that are made to your specification and/or clearly personalised to the deceased. This is because we would be unable to re-use these goods for another client if you cancelled and therefore unfortunately we cannot accept cancellations of such goods.

9.1.2a Cancelling an order for services. For services you have ordered from us you have the right to change your mind and cancel within 14 days after the day on which we accept your order. By signing our order form you expressly request that we commence the services within the 14 day cancellation period provided by the Consumer Contracts Regulations 2013.

9.1.2b You acknowledge that if the services are fully performed within the 14 days cancellation period, you will lose the right to change your mind and cancel the services under the Consumer Contracts Regulations 2013. If you cancel after we have started the services but before the services are completed then you must pay us for the services provided up until the time you tell us that you have changed your mind.

9.1.3 If you are exercising your right to cancel the services of an AOIC Celebrant, sourced by us, and have already received part or all of the services provided by the celebrant but have not made a complaint about the services received or expressed concern regarding the services provided by the celebrant during the arrangement process that was, after investigation upheld, you will be liable for a percentage of the total fees due to the celebrant: • Initial visit to you or your family member or friend/s and all communication by phone, telephone, video communication and/or email will be invoiced at 15% of celebrant’s total chargeable fee. • Initial visit to you or your family member or friend/s and all communication by phone, telephone, video communication and/or email, receipt of order of service details, prepared eulogy or tribute to the deceased, part or full draft of ceremony will be charged at 70% celebrant’s total chargeable fee.

9.2 To exercise your right to cancel, you must inform us of your decision to cancel by a clear statement (e.g. a letter sent by post or email). Our contact details are at the top of these Terms.

9.3 If you are exercising your right to change your mind in respect of goods which were delivered and the goods are suitable for posting, you must pay for the cost of return.

9.4 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at clauses 9.4.1 to 9.4.4 below, the contract will end immediately and we will refund you in full for any goods and/or services which have not been provided. The reasons are:

9.4.1 We have told you about an upcoming change to the goods or services or these Terms which you do not agree to;

9.4.2 We have told you about an error in the price or description of the goods or services you have ordered and you do not wish to proceed;

9.4.3 There is a risk that supply of the goods or services may be significantly delayed because of events outside our control; or

9.4.4 you have a legal right to end the contract because of something we have done wrong.

10 OUR RIGHT TO END THE CONTRACT

10.1 We may end the contract for goods or services at any time by writing to you if:

10.1.1 You do not, within a reasonable time, allow us to deliver the goods ordered to you or collect them from us;

10.1.2 You do not, within a reasonable time, allow us the required access to supply the services;

10.1.3 You commit any material breach of these terms and conditions; or

10.1.4 You behave or act in a way that, in our sole discretion, we consider it not possible to continue our contract with you.

11 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

11.1 Except as provided in clauses 10.2 and clause 10.3, our liability for any loss or damage you suffer that is a foreseeable result of our breaking the contract or our failing to use reasonable care and skill is limited to the total contract price due by you to us. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the order process.

11.2 We shall not be liable for any loss or damage to your property or that of any other person unless caused by our negligent action or breach of the contract by us.

11.3 We shall not be responsible for nor shall we be required to respond to or act upon any comments made by yourselves or any third party on social media in relation to us or our goods and services.

11.4 Nothing in these Terms shall operate so as to exclude, limit or restrict our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or for any other liability the exclusion or limitation of which is not permitted by English law.

12 DELAYING EVENTS

12.1 We will not be liable or responsible for any failure to perform or delay in the delivery of any goods or services in the event of any strike, lock out, trade dispute, accident, fire, flood, inclement weather, war or terrorist act, epidemic, pandemic or any natural disaster or act of God or any contingency whatsoever beyond our reasonable control (a “Delaying Event”) affecting the delivery of the goods or services ordered by you. Such suspension or cancellation shall not constitute a breach of contract between us, nor will you be entitled to claim for any loss or damage howsoever arising as a result of a Delaying Event, but you may end the contract as described in clause 8.4.

13 GOODS AND SERVICES SPECIFICATION

13.1 The images of the goods on our website and any marketing material are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a picture in our brochure accurately reflects the colour of the goods. For example, where goods are made of natural occurring material we are unable to guarantee that such material will match the exact colour or appearance of the image on our website as natural variations in tone and texture, including natural blemishes, may occur. Your goods may vary slightly from those images.

14 THE DECEASED

14.1 We make reasonable and proper efforts to care for the body of the person who has died and may carry out recognised techniques and procedures to ensure the removal of medical implants/batteries or other materials that cannot remain in situ during the cremation process.

14.2 Unless arising from a negligent action or breach of the contract by us, we shall not be liable for:

14.2.1 Loss of any jewellery, clothing or personal effects of the deceased or such items or belongings left with the deceased but belonging to any other person. We strongly recommend that no valuable items are left on or with the deceased; and

14.2.2 Any damage to the body of the deceased which is sustained before the deceased is under our full control.

14.3 We reserve the right, when collecting the deceased from a private residence, to determine whether we can safely bear the weight without the use of mechanical lifting equipment or a wheeled bearing trolley. Depending on the details you provide to us when arranging the collection, we will inform you prior to collection if we foresee any potential issues that may affect the efficiency and dignity of the collection.

15 CREMATIONS

15.1 If the deceased is to be cremated and you have chosen to attend the cremation ceremony, we will agree with you which crematorium from our network will perform this service. On occasion, it may be necessary for us to change the location at which the deceased is cremated, for example, due to unforeseen temporary closure of a particular crematorium. In this event, we will inform you in advance of the change.

15.2 If the deceased is to be cremated and you have chosen our Perfectly Simple No Guest option we will not inform you of the location where the cremation will take place.

16 HOW WE MAY USE YOUR PERSONAL INFORMATION

16.1 We will use the personal information you provide to us:

16.1.1 To supply the goods and/or services to you;

16.1.2 To process your payment for the goods and/or services; and

16.1.3 If you have agreed to this during the order process, to give you information about similar goods and/or services that we provide, but you may stop receiving this at any time by contacting us.

16.2 For further information on our use of your personal information please see our Privacy Policy on our website.

17 ADDITIONAL TERMS- FUNERAL DIRECTORS

This clause 17 only applies where Aura.Life Limited enters into a contract with another funeral director.

17.1 In the event we have collected the deceased and held the body for a period of time and our client then confirms their desires to make alternative arrangements with another funeral director, you, as the funeral director agree:

17.1.1 to provide us with all information and materials as we may reasonably require in order to supply the services;

17.1.2 To cooperate with us in all matters relating to the services;

17.1.3 To comply with our health and safety policies and procedures in place, copies of which shall be provided on request;

17.1.4 To pay any invoice we submit to you in full before the body is retrieved. We reserve the right to withhold access to our body storage facility until we are reimbursed in full for our services; and

17.1.5 To process all personal data in accordance with UK Data Protection laws.

18 GENERAL

18.1 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.

18.2 Where the order is placed by two or more people, each of you will be jointly and severally liable for compliance with the obligations under these Terms (this means that we are entitled to enforce our rights against one, some or all of you as we consider appropriate in the circumstances).

18.3 If a court finds part of any provision in these Terms illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

18.4 Even if we delay in enforcing the contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking the contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the goods and/or services, we can still require you to make the payment at a later date.

18.5 These Terms constitute the entire understanding between us in relation to our contract with you and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us.

18.6 These Terms are governed by English law and you can bring legal proceedings in respect of the goods and/or services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the goods and/or services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the goods and/or services in either the Northern Irish or the English courts.

18.7 If you wish to make a formal complaint then please do so in writing to hello@aura.life. We will acknowledge your complaint and outline next steps. Data — Your Rights Aura is aware of, and will adhere to your Data Rights. Your Data Rights include but are not limited to: Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete. Right of access – you have the right to request a copy of the information that we hold about you. Right to be forgotten – in certain circumstances you can ask for the data we hold about you to be erased from our records. Right to restriction of processing – where certain conditions apply to have a right to restrict the processing. Right of portability – you have the right to have the data we hold about you transferred to another organisation. Right to object – you have the right to object to certain types of processing such as direct marketing. Right to object to automated processing, including profiling – you also have the right to be subject to the legal effects of automated processing or profiling.